2 CSR 30-6.015 - Requirements and Responsibilities of Market Licensees
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Terms defined in section
277.020, RSMo are incorporated
by reference for use in this rule.
(2) As used in this chapter, unless the
context clearly says otherwise, the following terms shall mean:
(A) Livestock-Cattle, swine, sheep, goats,
poultry, ratite birds including but not limited to ostrich and emu, elk,
equine, and exotic animals;
(B)
Livestock market-A place of business or a place where livestock is concentrated
for sale, exchange or trade at regular or irregular intervals, whether at
auction or not. This definition exempts public farm sales, purebred livestock
sales, or any sale, transfer, or exchange of livestock from one (1) person to
another person for movement or transfer to another farm premises or directly to
a licensed market;
(C) Livestock
sale-The business of mediating for a commission or otherwise, the sale,
purchase, or exchange transaction of livestock, whether or not at a livestock
market. However, the term livestock sale shall not apply to order buyers,
livestock dealers or other persons acting directly as a buying agent for any
third party;
(D) Official
identification-as defined by Title 9, Code of Federal
Regulations, Part 71, published annually in January, herein
incorporated by reference and made a part of this rule, as published by the
United States Superintendent of Documents, 732 N Capital Street NW, Washington,
DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800,
website: http://bookstore.gpo.gov, or any other
means of individual identification approved by the state veterinarian. This
rule does not incorporate any subsequent amendments or additions.
(E) Person-Individuals, partnerships,
corporations and associations; and
(F) State veterinarian-The state veterinarian
of the Missouri Department of Agriculture.
(3) Any person engaged in establishing or
operating a livestock sale or market shall file with the state veterinarian an
application and be granted a license to transact business prior to
opening.
(4) An annual license fee
of seventy-five dollars ($75) must accompany all applications. This license
shall entitle the applicant to conduct business for one (1) calendar year,
January through December. The state veterinarian must receive all completed
renewal applications and fees by December 1 for the next calendar year. All
licensees defined in Chapter 277, RSMo shall publicly post the license issued
by the state veterinarian at the place of business. The license shall be
displayed for inspection by any person.
(5) All markets/sales licensed under the laws
of Missouri must present to the department, no later than April 15 following
the end of the year, their sales volumes for the preceding business
year.
(6) Bonding Requirements.
Every person subject to the provisions of Chapter 277, RSMo shall provide proof
of a satisfactory bond in the amount specified by the USDA Packers and
Stockyards Administration or the state veterinarian before receiving a license.
In lieu of any bond, persons may substitute any instrument of financial
security approved by the USDA Packers and Stockyards Administration. All surety
coverage for licensees must be in accordance with
2 CSR
30-6.030.
(7) All licensees defined in Chapter 277,
RSMo, must secure veterinary inspection of all livestock offered for sale at
any livestock sale or market. A licensed, accredited veterinarian approved by
the state veterinarian must inspect all livestock, perform all required testing
of livestock for disease, identify individuals by official identification, and
forward required information (age, gender, breed, official eartag and backtag,
owner contact information/ticket number) in an approved format to the state
veterinarian. No person shall remove or tamper with, or cause the removal of or
tampering with, an official eartag or backtag or other identification device
required to move animals interstate, intrastate, or through a livestock
market/sale. No person shall cause livestock to be removed from any livestock
market/sale until that livestock has met all the requirements of Missouri or
the state of destination, whichever applies.
(A) All assignments, replacements, and
removals of veterinarians as market/sale veterinarians must have prior approval
of the state veterinarian in accordance with section
277.100, RSMo.
(B) Upon approval of the state veterinarian,
the market/sale veterinarian must sign a Market Veterinarian Agreement form MO
350-0488 provided by the Missouri Department of Agriculture. The licensee also
must sign the form. The market/sale veterinarian shall keep one (1) copy of the
agreement, the licensee one (1) copy and one (1) copy shall be forwarded to the
state veterinarian's office.
(8) Facilities provided by the livestock
market/sale for the market/sale veterinarian shall include-
(A) Office and laboratory area to allow ample
work space and room for a work table, desk, chair, lamp, and one (1) file
cabinet;
(B) Heat, light, and
ventilation to properly perform required diagnostic tests;
(C) Livestock handling facilities with
livestock collecting pens, runways, and a catching chute to confine and
restrain animals for completion of required testing and/or official
identification (eartag and backtag) requirements; and
(D) A laboratory area with a sink, hot and
cold running water, and a floor of an impervious material which allows cleaning
and disinfection. Electrical outlets must be available and convenient to enable
the use of equipment such as centrifuges, branding irons, and electrical
heaters.
(9) Failure of
the licensee to aid the market/sale veterinarian in executing all laws and
regulations governing the sale and movement of livestock may result in removal
of the license to conduct sales.
(10) Structurally safe and sanitary
conditions must be maintained on yards, pens, chutes, alleys, and other
facilities and premises used in connection with livestock by the person(s) in
possession of the facilities and premises. These facilities are subject to
inspection by USDA Veterinary Services or state Animal Health
personnel.
(11) All licensees
defined in Chapter 277, RSMo, must present upon request to a duly authorized
representative of the Division of Animal Health records of any livestock sale
or transaction. Failure to do so may result in the suspension or revocation of
the market/sale license, a civil penalty of up to one thousand dollars ($1,000)
for each violation, or both.
(12)
Violations at Markets/Sales. Failure either to comply with the laws of Missouri
and the rules of the Missouri Department of Agriculture or to fulfill the
requirements and responsibilities as specified in this rule can result in a
suspension or revocation of the market/sale license, fines of up to one
thousand dollars ($1,000) per violation, or both.
Notes
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